HomeMy WebLinkAbout1993-12-30 Road Frontage TOWN OF GROTON
ZONING BOARD OF APPEALS
THURSDAY,, DECEMBER 30,, 1993 ,, 7 : 30 P . M .
Part 1 of 2
( * Denotes Members Present ) / � �� .
//C rc-C • Z'L/�C� r
BOARD MEMBERS PUBLIC PRESENT (/`� ^j� L
John Pachai ,, Vice-Chairperson * Roger Gleason
Mary Decker * DeForest Hall
Nial Smith
David Ofner
Lyle Raymond did not represent the ZBA because of conflict of interest ( personal ) .
John Pachai ,, Vice-Chairperson , opened the Zoning Board of Appeals public hearing with
the reading of the legal notice ( see Attachment A ) : ROGER GLEASON,, 307 OLD STAGE ROAD ,,
GROTON ,, NEW YORK,, OF PROPERTY ON LICK STREET-VARIANCE TO SECTION 352 . 1a 2 - INSUFFICIENT
ROAD FRONTAGE see 9 * TAX MAP NO . : 1-121-21 . 2 .
J . PACHAI : The required road frontage is 200 feet ,I and the applicant has
184 . 2 feet . We are here to discuss any comments or answer
questions about the applicant ' s request and our responsibility
of the ZBA is to balance the detriment to the community with
the benefits of the applicant . Hopefully,, we can come to
a resolution for all . Would you like to make any statement ,,
Mr . Gleason?
R . GLEASON : I have maps for review and thought I would start out with a
history .
J . PACHAI : That would be good .
R . GLEASON : Brought map up forward for ZBA ' s review . It was one that contained
four lots ( a tax map ) . There is 280 feet from the last one to
the corner of Stage ,, and according to the Schoolhouse Lot was
50 square rods which figures out to be 125 feet on each side and
left plenty of room to put a 60-foot right-of-way,, which we did .
Provided an aerial photograph for the Board ' s review .
Both the applicant and ZBA members took time out for reviewing of map ( s ) ( see Attachment B ) .
R . GLEASON : We had the surveyor come back and survey it again . This time
showing it not to be 125 x 125 but having it be 165 on Lick Street
and only 82 . 5 on Stage Road ,( which presented a problem .
J . PACHAI : Where did the original dimensions come from?
R . GLEASON : Off the tax map . The original description stated 65 square rods .
M . DECKER : Was this taken off the deed?
R . GLEASON : The description was based on school records . In 1840 ,, the original
deed was located, where we came up with the 165 .
D . OFNER : When presented to the Planning Board ,, were you aware of the shortage
at the time ?
Town of Groton Zoning Board of Appeals ,, Thursday ,, December 301, 1993 ,0 7 : 30 p . m . Page 2
R . GLEASON : No . It appeared at a preliminary in June of 1992 . in the meantime ,,
Jones ' had sold their house and wanted to build one on this lot
next to the woods on the bottom of number A ( referring to map ) .
J . PACHAI : The preliminary drawings were accepted . .
M . DECKER : Approval of a three-lot subdivision vs . a four-lot subdivision,,
which would take A,, B ,, and C .
R . GLEASON : My lawyer wrote a letter to the owners located in aatavia .
( I think the name is Morton ,( am not sure . ) Anyways ,, he died
and the wife is still living ,, but herson is handling it ,, and
with other children involved,, where they made a decision where
they did not know whether to do anything . My lawyer said based
on the way this reverted, there ' s a question in his mind as who
actually does own the darn thing anyways--although these people
have been paying taxes on it .
M . DECKER : So your attorney was unable to make a direct contact with them .>
R . GLEASON .* He has contacted the people in Batavia,, . yes , but no satisfaction
on the boundary changes , and he questions whether if we did if
anyone could legally do it .
J . PACHAI : There is a question of ownership .
M . DECKER : That lot is too small to do anything with . It ' s really not worth
anything . You could not put a septic system onto it .
D . OFNER : The usage of this lot was never for a dwelling ,, correct?
R . GLEASON : It was an existing lot . We offer to exchange some of this
southboundary on the west ,, but did not get any where .
D . OFNER : Basically,, we are not looking at the Morton lot anyway .
R . GLEASON : No ,, I am just explaining why the situation is the way it is .
I went to the Planning Board last October with the proposal
with that lot plus adding another lot .
D . OFNER : Originally,, you thought this was a 200-foot lot? Did the surveyor
do the survey right ?
R . GLEASON : That is correct .
J . PACHAI : Does anybody have any further questions ?
D . OFNER : The whole thing is laxly recorded .
R . GLEASON : If we had the money to do it , I guess we could get an update . Who
knows ,, I may actually own it . You ' re talking big dollars .
J . PACHAI : How is this reflected in your deed?
R . GLEASON : That ' s where we got the 50 square rods .
Town - of Groton Zoning Board - of - Appeals , Thursday, December - 30 ,, 1993 ,. 7 : 30 - p . m : . . . . Page - 3
J . PACHAI : No linear dimensions? Even the assessor ' s office apparently was
wrong in this case . Do you have anything further to add , Roger?
R . GLEASON : The Groton Planning Board encouraged me to have the 60-foot
right-of-way .
M . DECKER : What is your idea back here? I mean 60-foot is a roadway .
R . GLEASON : If I ever did something ,, I thought I would run a road and put in
a cul-de-sac . ( Reviewed map with ZBA members . )
J . PACHAI : He was referring to the 60-foot strip providing roadway leading
to a cul-de-sac in the future so that this area could be developed .
There are concerns regarding drainage lines accessing from Old
Stage Road .
D . OFNER : Is the Jones ' property already sold?
R . GLEASON : Yes ,, it is . Any other questions?
J . PACHAI : Anything further you would like to say?
R . GLEASON : I guess I have covered everything .
J . PACHAI : We have one letter which was not directed to the Board but rather
to our Code Enforcement Officer George Senter relevant to the
leaving of the 60-foot strip . As Mr . Gleason has indicated,
The Groton Planning Board approves and thinks it to be a positive
element . I would like to more or less provide a summarization
of this letter . It is talking about Section 239-1 and -m of
the New York State General Municipal Law ( see Attachment C ) .
D . OFNER : Did you say,, Roger ,, that the 60- foot was approved by the
Planning Board . . . Is there another entrance?
M . DECKER : From Old Stage ,, it would not be a cost-effective way .
J . PACHAI : Have you considered making the dimensions on Old Stage Road 400
feet and dividing the property? ( Illustrated on map . )
M . DECKER : You could have the frontage on Old Stage instead of on Lick Street
for that parcel .
R . GLEASON : That would be a possibility .
ZBA members and R . Gleason were discussing various dimensions . Again ,, the map was reviewed
for options . Considered were the distance from the " schoolhouse lot " to the Gleason home ,,
alternative angles of lot lines for Lot D,, and the shape of the " schoolhouse lot " .
M . DECKER : If you take 400 feet x 50 feet equals about 1/4 acre . I think
it would be a good idea and the least expensive . You ' re really
not changing anything . Only the direction of entry .
ZBA members and R . Gleason again reviewed map .
R . GLEASON : I really do not see any problem with it myself .
D . OFNER : Are you saying you need to get more measurements before you go
any further?
Ta4n of Groton Zoning Board of Appeals ,, Thursday ,, December 30 ,, 1993 ,, 7 : 30 p . m . Page 4
R . GLEASON : That is correct . On the face ,, I have no problem,. but I would
` like to explore it .
J . PACHAI : Any other questions ? Who wants to make the motion to close the
hearing ?
N . SMITH : Made the motion to close the public hearing .
D . OFNER : Seconded the motion .
VOTE : ALL IN FAVOR ; MOTION CARRIED UNANIMOUSLY .
Public hearing ended at 8 : 20 p . m .
I ,, PENNY L . BOGARDUS ,, DO CERTIFY that in the matter of a public hearing held by the
Zoning Board of Appeals for the Town of Groton,, County of Tompkins ,, State of New York,,
for a Variance Application by Roger Gleason ,, 307 Old Stage Road ,, Groton ,, New York,, of
property of Lick Street ,, to vary Section 352 . la-2-Insufficient Road Frontage of the Town
of Groton Land Use and Development Code ,, Tax Map No . : 1-121-21 . 21, that the foregoing
minutes were taken from shorthand notes ' in addition to an audio tape on December 30 ,,
1993 ,, is a true and accurate copy to the best of my ab ' ity .
Y &
PENNY L . BO ARDUS
TOWN OF GROTON
ZONING BOARD OF APPEALS
THURSDAY ,, DECEMBER 3011, 1993 ,1 7 : 30 P . M .
Part 2 of 2
( * Denotes Members Present )
BOARD MEMBERS PUBLIC PRESENT
John Pachai ,, Vice-Chairperson * Roger Gleason
Mary Decker * DeForest Hall
Nial Smith
David Ofner
Lyle Raymond did not represent the ZBA because of conflict of interest ( personal ) .
However ,, Mr . Raymond was present for both the hearing and the decision process .
ROGER GLEASON, 307 OLD STAGE ROAD, GROTON,, NEW YORK, OF PROPERTY OF LICK STREET-VARIANCE
TO SECTION 35 . la-2 - INSUFFICIENT ROAD FRONTAGE . . . TAX MAP NO . : 1-121-21 . 2
Decision meeting started at 8 : 25 p . m .
D . OFNER : We should avoid making . any decision until further investigation
is done .
J . PACHAI : I think ,, at this point , we believe Mr . Gleason may have a
solution , without going f through the variance process .
I think we should discuss a bit further before making a decision .
M . DECKER : In other words,I express our findings .
J . PACHAI : Another option we can request is more information or adjourn
the meeting .
ZBA members were discussing adjourning meeting pending further information regarding the
options suggested--changing point of entry .
J . PACHAI : I guess we should ask Mr . Gleason if he wants to withdraw his
request for a variance .
R . GLEASON : I am really not comfortable in answering that until after talking
with my lawyer . I really do not want to have to go through the
whole process again . If I withdraw it ,f I will have to go back
to the Planning Board .
M . DECKER : I do not believe we can ask any more questions . The hearing
is closed .
J . PACHAI : Your ' re right . Do you want to move to adjourn the meeting ?
D . OFNER : Shouldn ' t we provide our findings ?
J . PACHAI : Or we can reconvene .
M . DECKER : Made motion to adjourn this meeting and reconvene Thursday,, January
13 ,E 1994 ,E at 7 : 30 p . m . , regarding Lot D & E with 200 ft . road frontage
going to Old Stage Road vs . Lick St . , therefore ,,. eliminating a variance
request for Lot D . This will allow increase of road frontage .
N . SMITH : Seconded the motion .
INDIVIDUAL VOTING : J . Pachai : Yes M . Decker : Yes
D . Ofner : Yes N . Smith : Yes
Town - of - Groton Zoning Board - o€ - Appeals ,, Thursday,, December - 30 ,, 1993 ,, - 7o30 - pomo - . . . - Page - 2
e
VOTE : ALL IN FAVOR ; MOTION CARRIED UNANIMOUSLY °
Meeting ended at 8 : 47 p . m .
TOWN OF GROTON
ZONING BOARD OF APPEALS
' SM69ARY OF DECISION
RE : VARIANCE REQUEST FOR INSUFFICIENT FRONTAGE
APPLICANT : ROGER GLEASON 307 OLD STAGE RD , GROTON , NY
DATE OF APPLICATION : 11 - 22 - 93
DATE OF HEARING : 12 - 30 - 93
DATE OF DECISION : 1 - 27 - 94
CONSIDERATIONS :
The variance requested for insufficient road frontage is not
substantial in regards to dimension . It is approximately 5 %
less than the 200 ' required by the Town of Groton Land Use
and Development Code .
By granting the variance the associated lot will have no more
impact than a conforming lot on the neighborhood , intensity
of development , public facilities , traffic , population
density , or the environment .
There will be no detriment to the adjoining properties or the
character of the neighborhood if the variance were granted .
The options considered in lieu of granting a variance , are
not practical for the applicant to pursue and could have a
negative impact future development of the adjoining lands .
The practical difficulty arises from an adjacent irregularly
shaped , unusable lot which without the granting of the
requested variance would interfere with the pattern of
development of the neighborhood as projected by the Groton
Town of Groton Planning Board . ( The owners of this lot wish
to retain the lot in its entirety . )
l
Allowing this variance would have no detriment to the
community .
ZBA DECISION :
Request for variance is granted .
John J . Pachai , Jr .
Vice -Chairperson
Town of Groton ZBA
1AIr
JsticO�s (607) 898-5273 'own of Groton Supervisor (607) 8 5102
ndLHeHron TeresaM. R binson 1. Alexander
a ' M Town Clerk (607) 898-5035
ode Enforcement Office (607) 898-4428 of Go 141 Colleen D. Pierson
George. E. Senter, Sr.
A� ;' o� ,f Superintendent of Highways (607) 898-3110
E R I C T I D Leland E. Cornelius
Vic 1817 . �
Councilmen
Ellard L. Sovocool
oU14, Gordon C . VanBenschoten
Donald E. Cummings
Carl E. Haynes
L E G A L N O T I C E
TOWN OF GROTON
PLEASE TAKE NOTICE , that the Zoning Board of Appeals of the Town
of Groton , County of Tompkins , State of New York , will hold a
public hearing at the Town Hall , 101 Conger Blvd . , Groton , New
York , on Thi.(r_ 5_day_, -' Decemoei^, 30 , 1993, @77 :30"" PM for the purpose of
considering the ap: l icat:iori, ya f Roger Glkeaso ; 307 , Old ' St Rio°aacd et
Groton , New York of property on Lick Street ( south of Old Stage
Road , west side of Lick Street ) , Groton , New York for a Variance
to Section 352 . 1a 2 - insufficient road frontage of the Town of
Groton Land Use and Development Code .
All interested persons will be heard .
Lyle Raymond , Chairman
Zoning Board of Appeals
Dated : 06 December , 199 �
ATTACHLMENT A
P . 0 . Box 36 • 101 Conger Boulevard • Groton , NY 13073 - 0036
a
er r i . ��
�
o
•
MMMM
82. s
N
k Mo
Me
Id �! o 1 � s'�
,,. i _
5 8d J oa N i
— _
0 UUt)E ZWVIID nU
N r TEST 'BTA..
teepp
+ • • .�
'
2 � 0 jO95 Aer.4 �� I •1PtAe-UTILI`fY fbLEep'
i ��® 4
LU
o � ® I -$
v- rt th � Dry _ . 1 •r • y •
'�ssr'r1 Y .c v' ♦ -• _ .'_•_"'- _" „c^. . ." - � : .—"" -^..�. .�w. :.!.,-`..r•�-.._ . .. -.... _... .raa—r-T•-• :.•+._.
ipd IV
Ba5 '
ZLMel
�
O ! �ZI - 1 - � I . g ' S�6.To4PuBui:. 4WY* ; F04 {FT4 0
UTILITY EASEMMT`5 'e� ��� I � �
O '
o
LOT ,A.. ,
�A25Set, As
% 1 .95 Ace
Met
I . U t!
N ® o! - ` P.
l�U � �y ✓� CS I
�! ® Q 80
00
oo T.
G44 - 8z9 IZI - 1 - Z1 . 6
Portion of Lands of . Roger W. GteaSohIzz:31 Lick Street
Town of &r ® ton - Tompkins - County New• York
ATTACHMENT B L '